Madras High CourtCRL OP(MD)/7284/2021disposed of

Mohamed Abi Vakkas v. The Deputy Superintendent Of Police

2021-06-04Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2021 CORAM :

THE HONOURABLE Mr. JUSTICE A.A.NAKKIRAN Mohamed Abi Vakkas ... Petitioner/Accused No.2 Vs.

1.The Deputy Superintendent of Police, Uthamapalayam Sub Division 2.The Inspector of Police, Cumbum North Police Station (Crime No.176 of 2021) 3.Veeramani 4.Satheeskumar ... Respondents Prayer :

Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Special Court for SC/ST (Prevention of Atrocities) Act, Theni to accept the surrender of the petitioner in connection with the Crime No.176 of 2021 on the file of the 2nd respondent police and to consider the petitioner's bail application on the same day.

For Petitioner : Mr.R.Shankar Ganesh For M/s.Dictum Law Firm For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (criminal side)

ORDER

This Criminal Original Petition has been to direct the Special Court for SC/ST (Prevention of Atrocities) Act, Theni to accept the surrender of the petitioner in connection with the Crime No.176 of 2021 on the file of the 2nd respondent police and to consider the petitioner's bail application on the same day. 2.The petitioner is the second accused in Crime No.176 of 2021 on the file of the second respondent for the offences punishable under Sections 294(b), 324, 506(ii) I.P.C r/w Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

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3.Mr.M.Muthumanikkam, learned Government Advocate (criminal side) accepts notice for the respondents 1 and 2. 4.Considering the facts and circumstances of the case, this Court is inclined to pass the following orders :- 1)The petitioner shall appear before the Special Court for SC/ST (Prevention of Atrocities) Act, Theni District, within a period of one month, from the date of resumption of regular work in subordinate Courts.

2)On such surrender along with notice served to the defacto complainant, the concerned Judge shall consider the bail application filed by the petitioner and pass orders on merits on the same day of his surrender, after hearing the defacto complainant by complying with Section 15-A of the Act.

5.With the above observation, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) msa Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Deputy Superintendent of Police, Uthamapalayam Sub Division 2.The Inspector of Police, Cumbum North Police Station 2/3

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

04.06.2021 CN(15.06.2021) 3P 4C 3/3